Law Offices of H. Jeffrey Marcus P.C.
Thursday, November 20, 2008
District Court affirms IHO right to rule on issue not raised by parent
J.S. ex rel. Y.S. v. North Colonie Central School Dist., --- F.Supp.2d ----, 2008 WL 4917881(N.D.N.Y. Nov 18, 2008): In a decision that was otherwise unfavorable to the parent, the Court reversed the SRO and upheld a hearing officer determination that the district must provide the child with transition services. The parent had not raised the issue to the IHO, a fact noted and relied upon by the SRO in his reversal of the IHO. The Court found that the parent had challenged the sufficiency of the IEP and that this was enough for the IHO to order the district to implement a service that was required by law.